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  1. IBM Public License Version 1.0
  2. THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS IBM
  3. PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION
  4. OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
  5. 1. DEFINITIONS
  6. "Contribution" means:
  7. a. in the case of International Business Machines Corporation ("IBM"), the Original Program, and
  8. b. in the case of each Contributor,
  9. i. changes to the Program, and
  10. ii. additions to the Program;
  11. where such changes and/or additions to the Program originate from and
  12. are distributed by that particular Contributor. A Contribution
  13. 'originates' from a Contributor if it was added to the Program by
  14. such Contributor itself or anyone acting on such Contributor's
  15. behalf. Contributions do not include additions to the Program which:
  16. (i) are separate modules of software distributed in conjunction with
  17. the Program under their own license agreement, and (ii) are not
  18. derivative works of the Program.
  19. "Contributor" means IBM and any other entity that distributes the Program.
  20. "Licensed Patents " mean patent claims licensable by a
  21. Contributor which are necessarily infringed by the use or sale of its
  22. Contribution alone or when combined with the Program.
  23. "Original Program" means the original version of the software
  24. accompanying this Agreement as released by IBM, including source
  25. code, object code and documentation, if any.
  26. "Program" means the Original Program and Contributions.
  27. "Recipient" means anyone who receives the Program under this
  28. Agreement, including all Contributors.
  29. 2. GRANT OF RIGHTS
  30. a. Subject to the terms of this Agreement, each Contributor hereby
  31. grants Recipient a non-exclusive, worldwide, royalty-free copyright
  32. license to reproduce, prepare derivative works of, publicly display,
  33. publicly perform, distribute and sublicense the Contribution of such
  34. Contributor, if any, and such derivative works, in source code and
  35. object code form.
  36. b. Subject to the terms of this Agreement, each Contributor hereby
  37. grants Recipient a non-exclusive, worldwide, royalty-free patent
  38. license under Licensed Patents to make, use, sell, offer to sell,
  39. import and otherwise transfer the Contribution of such Contributor,
  40. if any, in source code and object code form. This patent license
  41. shall apply to the combination of the Contribution and the Program
  42. if, at the time the Contribution is added by the Contributor, such
  43. addition of the Contribution causes such combination to be covered by
  44. the Licensed Patents. The patent license shall not apply to any
  45. other combinations which include the Contribution. No hardware per
  46. se is licensed hereunder.
  47. c. Recipient understands that although each Contributor grants the
  48. licenses to its Contributions set forth herein, no assurances are
  49. provided by any Contributor that the Program does not infringe the
  50. patent or other intellectual property rights of any other entity.
  51. Each Contributor disclaims any liability to Recipient for claims
  52. brought by any other entity based on infringement of intellectual
  53. property rights or otherwise. As a condition to exercising the
  54. rights and licenses granted hereunder, each Recipient hereby assumes
  55. sole responsibility to secure any other intellectual property rights
  56. needed, if any. For example, if a third party patent license is
  57. required to allow Recipient to distribute the Program, it is
  58. Recipient's responsibility to acquire that license before
  59. distributing the Program.
  60. d. Each Contributor represents that to its knowledge it has
  61. sufficient copyright rights in its Contribution, if any, to grant the
  62. copyright license set forth in this Agreement.
  63. 3. REQUIREMENTS
  64. A Contributor may choose to distribute
  65. the Program in object code form under its own license agreement,
  66. provided that:
  67. a. it complies with the terms and conditions of this Agreement; and
  68. b. its license agreement:
  69. i. effectively disclaims on behalf of all Contributors all warranties
  70. and conditions, express and implied, including warranties or
  71. conditions of title and non-infringement, and implied warranties or
  72. conditions of merchantability and fitness for a particular purpose;
  73. ii. effectively excludes on behalf of all Contributors all liability
  74. for damages, including direct, indirect, special, incidental and
  75. consequential damages, such as lost profits;
  76. iii. states that any provisions which differ from this Agreement are
  77. offered by that Contributor alone and not by any other party; and
  78. iv. states that source code for the Program is available from such
  79. Contributor, and informs licensees how to obtain it in a reasonable
  80. manner on or through a medium customarily used for software exchange.
  81. When the Program is made available in source code form:
  82. a. it must be made available under this Agreement; and
  83. b. a copy of this Agreement must be included with each copy of the
  84. Program.
  85. Each Contributor must include the following in a conspicuous location in the Program:
  86. Copyright (C) 1996, 1999 International Business Machines Corporation and others. All Rights Reserved.
  87. In addition, each Contributor must identify itself as the originator
  88. of its Contribution, if any, in a manner that reasonably allows
  89. subsequent Recipients to identify the originator of the Contribution.
  90. 4. COMMERCIAL DISTRIBUTION
  91. Commercial distributors of software may accept certain
  92. responsibilities with respect to end users, business partners and the
  93. like. While this license is intended to facilitate the commercial
  94. use of the Program, the Contributor who includes the Program in a
  95. commercial product offering should do so in a manner which does not
  96. create potential liability for other Contributors. Therefore, if a
  97. Contributor includes the Program in a commercial product offering,
  98. such Contributor ("Commercial Contributor") hereby agrees to defend
  99. and indemnify every other Contributor ("Indemnified Contributor")
  100. against any losses, damages and costs (collectively "Losses") arising
  101. from claims, lawsuits and other legal actions brought by a third
  102. party against the Indemnified Contributor to the extent caused by the
  103. acts or omissions of such Commercial Contributor in connection with
  104. its distribution of the Program in a commercial product offering.
  105. The obligations in this section do not apply to any claims or Losses
  106. relating to any actual or alleged intellectual property infringement.
  107. In order to qualify, an Indemnified Contributor must: a) promptly
  108. notify the Commercial Contributor in writing of such claim, and b)
  109. allow the Commercial Contributor to control, and cooperate with the
  110. Commercial Contributor in, the defense and any related settlement
  111. negotiations. The Indemnified Contributor may participate in any
  112. such claim at its own expense.
  113. For example, a Contributor might include the Program in a commercial
  114. product offering, Product X. That Contributor is then a Commercial
  115. Contributor. If that Commercial Contributor then makes performance
  116. claims, or offers warranties related to Product X, those performance
  117. claims and warranties are such Commercial Contributor's
  118. responsibility alone. Under this section, the Commercial Contributor
  119. would have to defend claims against the other Contributors related to
  120. those performance claims and warranties, and if a court requires any
  121. other Contributor to pay any damages as a result, the Commercial
  122. Contributor must pay those damages.
  123. 5. NO WARRANTY
  124. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS
  125. PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY
  126. KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY
  127. WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY
  128. OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely
  129. responsible for determining the appropriateness of using and
  130. distributing the Program and assumes all risks associated with its
  131. exercise of rights under this Agreement, including but not limited to
  132. the risks and costs of program errors, compliance with applicable
  133. laws, damage to or loss of data, programs or equipment, and
  134. unavailability or interruption of operations.
  135. 6. DISCLAIMER OF LIABILITY
  136. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT
  137. NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT,
  138. INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
  139. (INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON
  140. ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR
  141. TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF
  142. THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS
  143. GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  144. 7. GENERAL
  145. If any provision of this Agreement is invalid or unenforceable under
  146. applicable law, it shall not affect the validity or enforceability of
  147. the remainder of the terms of this Agreement, and without further
  148. action by the parties hereto, such provision shall be reformed to the
  149. minimum extent necessary to make such provision valid and enforceable.
  150. If Recipient institutes patent litigation against a Contributor with
  151. respect to a patent applicable to software (including a cross-claim
  152. or counterclaim in a lawsuit), then any patent licenses granted by
  153. that Contributor to such Recipient under this Agreement shall
  154. terminate as of the date such litigation is filed. In addition, if
  155. Recipient institutes patent litigation against any entity (including
  156. a cross-claim or counterclaim in a lawsuit) alleging that the Program
  157. itself (excluding combinations of the Program with other software or
  158. hardware) infringes such Recipient's patent(s), then such Recipient's
  159. rights granted under Section 2(b) shall terminate as of the date such
  160. litigation is filed.
  161. All Recipient's rights under this Agreement shall terminate if it
  162. fails to comply with any of the material terms or conditions of this
  163. Agreement and does not cure such failure in a reasonable period of
  164. time after becoming aware of such noncompliance. If all Recipient's
  165. rights under this Agreement terminate, Recipient agrees to cease use
  166. and distribution of the Program as soon as reasonably practicable.
  167. However, Recipient's obligations under this Agreement and any
  168. licenses granted by Recipient relating to the Program shall continue
  169. and survive.
  170. IBM may publish new versions (including revisions) of this Agreement
  171. from time to time. Each new version of the Agreement will be given a
  172. distinguishing version number. The Program (including Contributions)
  173. may always be distributed subject to the version of the Agreement
  174. under which it was received. In addition, after a new version of the
  175. Agreement is published, Contributor may elect to distribute the
  176. Program (including its Contributions) under the new version. No one
  177. other than IBM has the right to modify this Agreement. Except as
  178. expressly stated in Sections 2(a) and 2(b) above, Recipient receives
  179. no rights or licenses to the intellectual property of any Contributor
  180. under this Agreement, whether expressly, by implication, estoppel or
  181. otherwise. All rights in the Program not expressly granted under
  182. this Agreement are reserved.
  183. This Agreement is governed by the laws of the State of New York and
  184. the intellectual property laws of the United States of America. No
  185. party to this Agreement will bring a legal action under this
  186. Agreement more than one year after the cause of action arose. Each
  187. party waives its rights to a jury trial in any resulting litigation.